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NANCY SPENCE-EDWARDS, Plaintiff, v. JANE H. SPENCE-EDWARDS, Defendant.
Defendant appeals the trial court's final order for specific performance. Defendant filed notice of appeal but failed to include a certificate of service demonstrating proof of service upon plaintiff. Plaintiff has not filed a brief and has not indicated waiver of defendant's failure to include a certificate of service with the notice of appeal. See Ribble v. Ribble, 180 N.C. App. 341, 343 (2006). Pursuant to Rules 3 and 26 of the North Carolina Rules of Appellate Procedure, and for the reasons stated in Ribble, we dismiss this appeal. 180 N.C. App. at 342 (“Failure to include the certificate of service for a notice of appeal in the record is a violation of Rule 3 and Rule 26 of the North Carolina Rules of Appellate Procedure.”); see Viar v. N.C. Dep't of Transp., 359 N.C. 400, 401 (2005) (“The North Carolina Rules of Appellate Procedure are mandatory and failure to follow these rules will subject an appeal to dismissal.”).
DISMISSED.
Report per Rule 30(e).
PER CURIAM.
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Docket No: No. COA25-1053
Decided: May 20, 2026
Court: Court of Appeals of North Carolina.
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